JAGDISH SAHAI, J.

( 1 ) ON plots Nos. J13/62 and J13/63 situate in Chauka Ghat in the city of Varanasi stand certain constructions. This property was the subject of dispute between the petitioner Sheonath Prasad and the respondent No. 4 Sita Ram both of whom alleged themselves to be the representatives of the Lohar Community of Varanasi and claimed to be in possession of the property in dispute with the result that proceedings under Section 145, Criminal P. C. , were initiated in the court of the City Magistrate, Varanasi, on an application made by the respondent No. 4. The case was transferred to Sri R. L. Tiwari, Special Magistrate 1st Class, Varanasi, who after perusing the affidavits filed by the parties recorded a finding that he could not decide as to which of the two parties was in possession over the property in dispute at the date of the preliminary order or two months next preceding the date of the preliminary order, and referred the case to the learned Munsif of Varanasi for recording a finding as to any and which of the parties was in possession of the property in dispute at the date of the order as explained in Sub-section (4) of section 145, Criminal P. C. , by his or